5thDr.PARAS DIWAN MEMORIAL COMPETITION. 2...

5th

Dr.PARAS DIWAN MEMORIAL INTERNATIONAL‘ENERGY LAW’ MOOT COURT COMPETITION

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Rule Book

5th

Dr.PARAS DIWAN MEMORIAL

INTERNATIONAL‘ENERGY LAW’ MOOT COURT

COMPETITION.

2-5 APRIL 2015

Moot Court Asssociation

College of Legal Studies

UPES

RULE BOOK

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Rule Book

1. PREAMBLE

This rule book intends to regulate the DR. PARAS DIWAN MEMORIAL INTERNATIONAL ‘ENERGY

LAW’ MOOT COURT COMPETITION in a just and fair manner.

The DR. PARAS DIWAN MEMORIAL INTERNATIONAL ‘ENERGY LAW’ MOOT COURT

COMPETITION aims:

a) To create greater awareness about the scope and application of Energy Laws.

b) To promote the development of the Energy Sector through greater jurisprudential

contemplation and analysis.

2. DEFINITIONS

a) “Competition” means the DR. PARAS DIWAN MEMORIAL INTERNATIONAL ‘ENERGY LAW’

MOOT COURT COMPETITION.

b) “Problem” means the Moot Problem of the Competition.

c) “Mooting Round” means the oral submission by both the sides.

d) “Memorial Round” means the memorial submission by each team.

e) “Memorial” means the written submission of each team.

f) “Administrator” means the Chairman of Moot Court Association, College of Legal Studies,

University of Petroleum and Energy Studies or any other person/persons appointed to

administer the competition by the said Association.

g) “Rule Book” means the document prescribing the guidelines for the competition.

h) “Committee” includes: All the members of Moot Court Association.

i) “Team code” means the code which would be allotted to those teams qualifying the

memorial rounds, by the Association, after the registration form is received.

j) “Registration number” means the code which would be allotted by the Association after the

provisional registration form is received for the purpose of memorial rounds.

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3. PARTICIPATION

a) PROVISIONAL REGISTRATION

i. The duly completed scanned copy of the competition’s provisional registration form

along with the demand draft must be submitted online at [email protected]

and [email protected] on or before 10February, 2015. The subject

of the mail must be “Provisional Registration: <Institution Name>”

ii. No change in the name of the participants shall be permitted after the receipt of the

competition’s provisional registration form. Changes if any must be approved by the head

of the participating institution/college/University stating the reasons and the change shall

be communicated on or before 20 February, 2015. The changes shall be made at the sole

discretion of Administrator.

iii. On completing the process of provisional registration a registration number shall be

issued by the Association and communicated to the teams, which shall be used for any

communication and submission of memorials till the team code is issued.

b) SUBMISSION OF MEMORIALS

i. The teams must send the soft copy of the memorials at [email protected] and

[email protected] by 10 March, 2015 (12.00 pm), which must be a

.doc file extension with the subject of the email as memorials for "Memorial

Submission- <Provisional Registration Number>".

ii. The file name of the memorials shall be in the following format- <Provisional

Registration number><Side represented>. For ex- ‘12Respondent’

iii. Late Submissions: For every hour of delay in memorial submission from the prescribed

time of submission (12.00pm IST, 10March, 2015), 1 mark shall be deducted. Any

Memorial submitted 15 hours after the time prescribed above (i.e. after 2:59 pm IST, 11

March, 2015) will not be accepted.

mailto:[email protected]




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c) REGISTRATION

i. The registration of the teams for the competition shall be strictly done on the basis of the

merit of the memorials submitted by the participant. The shortlisted teams will be

notified via email latest by 17 March, 2015.

ii. The short listed teams shall send duly completed registration form along with the demand

draft (in hard copy) on or before 23 March, 2015 to the communication address

mentioned in the rule book.

iii. All teams shall be given a team code by the Association on validation and the teams shall

use their designated team code for any further correspondence.

iv. All the teams who have sent their completed registration form along with the demand

draft shall arrive and verify the details in person at the Dehradun Main Campus during

verification.

v. Each team has to submit six (6) sets of memorials (hard bound) for each side at the time

of verification at Dehradun Main Campus specifying the team code allocated on each

memorial.

d) DRAW OF LOTS

Lots shall be drawn by the teams before the preliminary rounds, quarter final, & semi-

final to decide the match-ups.

e) MAXIMUM NUMBER OF TEAMS

i. A maximum of thirty-three (33)teams shall participate in the competition which may be

increased at the sole discretion of the administrator.

ii.The teams will be short listed on the merit of their memorials.

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f) REGISTRATION FEES

i. A nominal registration fee shall be charged from the Universities/Colleges/Institutions

that have been selected in the memorial rounds. The registration fees shall be:

Rs. 3500/- : For Indian participants

100$: For International participants from Medium and Low HDI Countries.*

200$: For International participants from Very High and High HDI Countries.*

*based on UNDP Human Development Index http://hdr.undp.org/en/countries

ii. No registration fee shall be charged from any such Institutions/Colleges/Universities that

have not been selected.

iii. For Indian Participants: The registration fee charged in accordance with Clause 3(f)(i)

must be submitted by a Demand Draft of any National Bank drawn in favor of “UPES

Fees Account” payable at Dehradun.

For International Participants: The registration fee charged in accordance with Clause

3(f)(i) must be Bank Transfer. All Transfer Fees must be paid by the transferor in US $

only. The transfer must indicate the name of your University as the transferor, for your

university to be given credit for having paid the registration fee. Please remit proceeds to

A/c No. 00022010048230 with Oriental Bank of Commerce, 17 Rajpur Road, Dehradun

in favour of UPES Fees Account. The Bank Details are as follows:

Beneficiary’s Name: UPES Fees Account Bank Name and Branch: Oriental Bank of Commerce, 17 Rajpur Road, Dehradun STD Code and Phone No of Branch: +91-135-2658527 Branch Code: 00002 Bank Account No.: 00022010048230 Account Type: SB Branch IFSC Code: ORNC0100002 Swift Code: ORBCINBBIBD

A copy of the Bank Receipt/ Transaction ID should be emailed to

[email protected] by marking a CC to [email protected] .

http://hdr.undp.org/en/countries



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iv. In case of the Indian participants the demand draft needs to be attached to the provisional

registration form and a scanned copy of the same must be sent via email for provisional

registration.

4. GENERAL

a) ELIGIBILITY

i. Students enrolled in full time 3 years or 5 years law programmes are eligible to compete

in the competition. Each college/Institution/University may send maximum of one team.

ii. Eligibility for oral rounds shall be on the basis of selection of memorials.

b) OFFICIAL LANGUAGE

The official language of the Competition is English. All competition Rounds must be in

English.

c) TEAM COMPOSITION

i. Each team shall include two (2) speakers, who shall be accompanied by one (1)

researcher all of whom shall be designated accordingly.

ii. Once provisional registration is completed the team composition must remain the same

throughout the competition.

iii. The change in team composition is subjected to Clause 3(a)(ii).

iv. No observer is allowed to accompany any team.

d) ACCOMMODATION AND FOOD

i. Accommodation and Food shall be provided to all participants on the dates of the

competition only, i.e. from morning of 2 April, 2015 to morning of 6 April, 2015.

ii. The transport for commutation from railway station or ISBT to the guest house shall be

provided only on prior confirmation of travel plan by the participating teams.

iii. The transport for commutation from guest house to railway station or ISBT on

completion of competition shall be provided as per the schedule, which shall be provided

to the teams on their arrival.

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e) CLARIFICATIONS

i. Any clarifications sought on the moot proposition needs to be addressed via email to

[email protected] by marking a CC to [email protected]

before 5 February, 2015.

ii. The queries will be clarified via a notification on 9 February, 2015.

f) DRESS CODE

The dress code of the competition shall be as follows:-

i. Gentlemen are required to wear a full suit comprising of a black formal coat and trousers,

full sleeved white shirt, tie and formal footwear.

ii. Ladies are required to wear Indian/Western formals with black coat or a full suit

comprising of a black formal coat and trousers/ skirt, white shirt and formal footwear.

5. MOOTING ROUNDS

a) GENERAL

i. Every mooting round except the preliminary round shall be based on the Knock out

principle.

ii. Every Mooting Round shall be judged and scored on the basis of criteria prescribed in

Clause 9(b).

iii. The top eight (8) teams in the preliminary round shall advance to the quarter finals.

iv. In case of a tie in the knock out rounds, the same shall be resolved on the basis of marks

obtained in the memorial round, under Clause (9)(a) and in case of a further tie it would

be resolved by the marks obtained by a researcher in researchers test .

b) PRELIMINARY ROUND

i. The teams for preliminary round shall be selected on the merit of their memorial marks

obtained in the memorial round, under Clause 9(a) read with Clause 3 (e).

ii. The preliminary round shall take place in two sessions.



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iii. No team shall face another team more than once in the Preliminary Round and must

appear on each side.

iv. Every team shall have different benches in the two sessions.

v. The cumulative marks of both the speakers under Clause 9 (b) and the memorial marks

obtained under Clause 9(a) shall be taken into account in each session.

vi. Ranking for the round shall be done taking the aggregate of both the sessions.

c) QUARTER FINAL

The top eight (08) teams selected from the Preliminary Round shall contest in the Quarter

Final

d) SEMI FINAL

The top four (04) teams selected from the Quarter Final on the basis of Knock-out

principle shall contest in the Semi Final.

e) FINAL

The top two (02) teams from the Semi Final round selected on the basis of knock-out

principle shall contest in the Final.

f) RANKING

Ranking of all the teams and the speakers for the competition shall be done on the basis

Preliminary Rounds.

6. MEMORIALS

a) GENERAL

i. All pages of a Memorial must be formatted or printed on paperofA4 size.

ii. All pages of a Memorial must have margins on all sides of at least one inch i.e. two and

a half centimeters (2.5cm).

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iii. Arguments advanced shall not exceed more than twenty-five (25) pages.

iv. Memorial Page limit shall not exceed forty (40) Pages.

v. The Memorial shall be in accordance with Clause 6.

b) CONTENTS

Each Memorial must contain the following sections:

i. COVER PAGE

ii. TABLE OF CONTENTS

iii. INDEX OF AUTHORITIES

iv. STATEMENT OF JURISDICTION

v. STATEMENT OF FACTS

vi. STATEMENT OF ISSUES

vii. SUMMARY OF ARGUMENTS

viii. ARGUMENTS ADVANCED

ix. PRAYER

c) COVER PAGE

The Cover Page of each Memorial must contain:

i. The name of the Competition, year and the Team Code (registration number in case of

memorial rounds only) assigned at the time of registration.

ii. The name of the Participating University shall not be revealed on the cover page or

any other pages of the memorial.

iii. The name of the Court appearing before.

iv. The name of the parties and the sides they are representing.

v. Cover page of each team's memorial shall be in two specific colors (Red and Blue)'Blue'

representing Appellant's Memorial and 'Red' representing the Respondent's Memorial.

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d) FORMAT

The Memorial shall be formatted in accordance with the following specifications:

i. Body Text Font Type: Times New Roman, Line Spacing: 2.0 lines, Font Size: 12,

Headings and Bullets- Font size: 14.

ii. Footnotes Font Type: Times New Roman, Line Spacing:1.5 spaced.

iii. The Bluebook Uniform Mode of Citation (19th

Edition) or any other recognized

uniform method of citation must be strictly adhered to draft the memorials.

7. ANONYMITY

a) Student Counsel shall introduce him/herself to the court through their Team Codes and side

represented. However, the team's university or names of the participants shall not be revealed

at any time to any of the competition judges before the Valedictory ceremony for the

Competition.

b) Further, all team members shall refrain from identifying a team at any time and in any

manner, including, but not limited to, wearing/carrying anything/ items, such as badges,

blazers or identified material (such as books, logo or seal of the college, regional/chapter

office) which may reveal the identity.

c) Notwithstanding anything in this Rulebook, any team violating Clauses 7 or 8 or

both shall be subject to disqualification.

d) Decision of the Association and the Administrator shall be final in this matter.

8. PROHIBITION OF EXTERNAL ASSISTANCE

a) No team is allowed to receive external assistance for conducting research, writing, editing,

formulation or development of its oral arguments or written submissions.

b) No team shall engage, directly or indirectly in behavior that may reasonably be considered

cheating, intimidating or other unfair behavior.

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Sr. MarkingCriteria MarksAllocated

No.

1.

UnderstandingofLaw

20

9. EVALUATION

a) MEMORIALS

i. Memorials shall be judged by a Panel constituted for the same. Every Memorial shall be

assessed on a scale of 100 marks by the panel members. The average of the marks

awarded by the members shall be taken as the final score.

ii. A rank sheet based on the evaluation done in accordance with Clause 9 shall be prepared.

iii. Parameters for marking the memorial are as follows:

SL. NO MARKING CRITERIA ALLOCATED MARKS

1. UNDERSTANDING OF LAW & EXTENT OF RESEARCH 25

2. ORIGINALITY, ARTICULATENESS & CLARITY IN ANALYSIS 20

3. KNOWLEDGE & INTEGRATION OF FACTS 20

4. LOGICAL PROGRESSION OF IDEAS & USE OF AUTHORITIES 15

5. PERSUASIVENESS OF PRESENTATION &CORRECTNESS OF

CITATIONS

10

6. GRAMMAR &LEGIBILITY 10

TOTAL 100

b) ORAL SUBMISSION

i. Each Speaker shall be marked on a totalof100 marks by each Bench Judge.

ii. The Average of both the speakers shall be taken for scoring the team.

iii. The marking for Oral Submissions during the Mooting Rounds shall be based on the

following parameters:

SL. NO MARKING CRITERIA ALLOCATED

MARKS

1. UNDERSTANDING OF LAW 20

2. APPLICATION OF LAW TO FACTS 20

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3. INTEGRITY, LOGIC, REASONING AND CLARITY 20

4. PERSUASIVENESS 10

5. ORGANISATION AND FLOW OF ARGUMENTS 10

6. DEFERENCE AND DEMEANOUR 10

7. TIME MANAGEMENT 10

TOTAL 100

C) RESEARCHER’S TEST

i. There shall be a researcher’s test on 2 April, 2015 at Dehradun Main Campus

immediately after the Inauguration ceremony.

ii. The test will be based on general question relating to the problem and the theme.

10. ORAL SUBMISSION

a) TIME DISTRIBUTION

i. Every Oral Round shall, subject to the sole discretion of the Judges, consisting of

sixty (60) minutes of argument. The Appellant and the Respondent shall be allotted

thirty (30) minutes each, subject to the discretion of the Judges. Both members

designated as Speakers from each Team shall make oral presentations in each round.

ii. Every team may allocate its thirty (30) minutes among the 2 speakers and the

rebuttal/sur-rebuttal as the case may be. Each Speaker will be allocated a minimum

of ten minutes (10), not including the time for rebuttal/sur-rebuttal. The

rebuttal/sur-rebuttal must be allocated a minimum of two (2) minutes, and a

maximum of six (6) minutes. The rebuttal/sur-rebuttal must be presented by one

speaker only and it shall not be divided between the two speakers.

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iii. In the Advanced (i.e. quarters, semi and final) Rounds, the total time permitted to

each team for presenting their arguments may be extended to forty-five (45) minutes

at the discretion of the Judges, with corresponding changes in the minimum time

prescribed for each speaker

iv. Each Preliminary Round shall be judged by a bench of at least two judges. The

Advanced Rounds may be judged by a bench of three or more judges.

b) SUBMISSION OF AUTHORITIES

v. All teams must carry along with them case law(s) or authorities’ to which they intend to

refer. Any material carrying the name of the team’s college/University shall be considered

violative of provision under Clause 7, and shall not be permitted to be submitted to any of

the judges.

vi. Any material containing pictorial representation shall not be submitted to the Court during

the course of Oral Submissions. Also, any form of audio/visual representation shall not be

permitted.

vii. The Speakers must not be allowed to use personal computers, laptops, iPads or any other

technical device during their Oral Submissions.

viii. The team shall be subject to disqualification in case of infringement of any of the above

given provisions under this sub-clause.

ix. The passing of Authorities by the teams in the Finals shall be strictly prohibited. All

authorities have to be submitted prior to the commencement of the final round.

11. SCOUTING

a) Teams shall not be allowed to observe the oral submission of any other team. It is strictly

prohibited.

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b) Any such attempt shall be subjected for disqualification.

12. DISPUTE REDRESSAL

All the disputes regarding the competition or the rules shall be addressed by the

Administrator and the committee i.e. Moot Court Association.

13. AWARDS

a) The following awards shall be given at the valedictory ceremony of the competition:

i. WINNER- CASH PRIZE OF 30000 AND A TROPHY.

ii. RUNNERS-UP- CASH PRIZE OF 20000 AND A TROPHY.

iii. BEST MEMORIAL- CASH PRIZE OF 15000 AND A TROPHY.

iv. BEST SPEAKER- CASH PRIZE OF 10000 AND A TROPHY.

v. BEST RESEARCHER- CASH PRIZE OF 10000 AND A TROPHY.

NOTE: THE AWARDS ARE SUBJECTED TO CHANGES AS PER THE DISCRETION OF ADMINISTRATOR

b) All those teams qualified for the mooting rounds shall be awarded with certificates, except

for those who would be disqualified as per Clause 7, 8, 10 & 11.

14. AMENDMENTS

Any amendment in this rule book shall be made by the Administrator in consultation with the

faculty.

15. COPY RIGHT

The copyright over the memorials submitted for participation in the competition is assisted by

participants and shall vest completely and fully on College of Legal Studies, University of

Petroleum and Energy studies. The Participants shall certify in writing the originality of

materials contained therein and shall be responsible for any claim or dispute arising out of the

further use and exhibition of these materials.

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16. DISCLAIMER

The moot court competition is based on a purely fictitious compromise/problem, whereby the

characters and the incidents or the course of events in the compromise are completely

imaginary and the same has no relation to any person living or dead or any post/present real

life incident. The moot court competition is made solely for the purpose of training law

students of India in developing an analytical bent of mind and serving the Bar and the Bench

to the Best of their abilities.

16. COMMUNICATION DETAILS

a) ADDRESS

DR. MAMTA RANA

FACULTY CONVENOR

MOOT COURT ASSOCIATION,

COLLEGE OF LEGAL STUDIES,

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

ENERGY ACRES, MAIN CAMPUS

P.O. BIDHOLI VIA PREMNAGAR

DEHRADUN, UTTARAKHAND, INDIA

PIN CODE: 248007

b) CONTACT

[email protected], [email protected]

DR. TABREZ AHMED(CHAIRMAN)

DR. MAMTA RANA( FACUTLTY CONVENOR)

MS. KAVYA SALIM (FACULTY CO- CONVENOR)

ADITYA PRASAD PALAI( CONVENOR)-7895181554

NUPUR PRIYA (SECRETARY)- 9897594382

SIDDHANT SATAPATHY (CO-CONVENOR)- 7579245712



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